Tag: Kamala Harris

Biden Won | Will There Be An Electoral College Coup?

Washington (GGM) Analysis | November 11, 2020 by Attorney Michael Wells, PodcastLegal Fact and Fiction

On November 7, 2020, Joe Biden unofficially became the President-Elect, and Kamala Harris unofficially became the Vice President-Elect. Normally the losing candidate, in this case Donald Trump, accepts defeat and contacts the winner to congratulate him or her. Not Donald Trump. He made unsubstantiated claims of “voter fraud,” and then he never backed down. This likely surprised very few as Trump claimed back in 2016 the election was rigged, and he claimed it was rigged again in 2020. What is troubling, however, is most of his party, led by stalwarts such as Senators Mitch McConnell and Lindsey Graham, continue to argue Trump has every right to challenge the election results. And these fears became more real when on November 9th Attorney General William Barr opened up a probe into “voter irregularities” without alleging any evidence. It all smacks of hyper partisanship, and it raises the question as to whether an Electoral College coup is afoot. 

Every four years the Electoral College meets in December. Each state’s electors then vote for the candidate who prevailed in the presidential race in their respective state. This is how it almost always happens. Different states certify their elections on different dates, but the Electoral College meets on December 14, 2020 and votes.

This year Michigan, Pennsylvania, and Nevada proved decisive. Nevada certifies its election on November 16th. Michigan and Pennsylvania certify their elections on November 23rd

All legal challenges must be filed by December 8th, the so-called “Safe Harbor” date. In other words, challenges cannot be lodged after that date. It should be noted all challenges filed by Donald Trump’s campaign have been dismissed thus far. One filing was improperly filed and therefore rejected.

This is a short summary of the legal process involved. In all likelihood, everything will run smoothly, and Joe Biden will be declared, officially at least, the President-Elect. 

This does not answer the question as to whether Trump’s supporters, both elected and otherwise, will accept the results of the election. Quite frankly, it does not matter if they accept the results. 

Recent rhetoric from supporters has sounded alarm bells such as Senator’s McConnell’s statement that Trump was “100% within his rights to challenge the results of the election.”

On November 10th, Secretary of State Mike Pompeo said:

Conservative commentator Bill Kristol responded, “Be alarmed,” in response to this troubling statement. And he is right. 

Perhaps the best quote as to the vagueness and lack of substance of “voter fraud” came from Senator Lindsey Graham, who said: “And we will continue, in spite of my democratic colleagues protestations, we’re going to find someone accountable for something, when it comes to crossfire hurricane.”

Legally, the important dates to keep in mind are:

  • December 8th “Safe Harbor” deadline (no lawsuits after this date).
  • December 14th Electoral College meets and votes (it is over after this date). 

Are there conspiracy theories out there? Yes. Could there be violence? Yes. Sadly, violence is always possible in America, but legally speaking not much will happen. The Electoral College will meet December 14th, and Joe Biden will officially become President-Elect. Again, this all assumes we do not fall into lawlessness and utter chaos. If we do, the law will not matter. 

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Amy Coney Barrett Unsure of Climate Change, a Scientific Fact

Washington (GGM) Analysis | October 16, 2020 by Michael Wells, Attorney @slnc01

On October 14, 2020, Trump Supreme Court nominee, Amy Coney Barrett, told Senator Kamala Harris (D-CA) she could not say whether climate change exists because it is a “politically contentious issue.” She also confessed to Senator John Kennedy (R-LA) she has no firm view on climate change. A skeptic might ask what her view on climate change has to do with cases that might come before her when she sits on the Supreme Court. Quite a bit, actually, especially in light of the lawsuits filed by a number of States’ Attorneys General against Exxon in the past few years.

The New York State Supreme Court in 2019 considered whether Exxon lied to investors about the company’s contribution to climate change and thus violated securities law. The Court ruled in Exxon’s favor, according to NPR, stating there was no evidence Exxon hid evidence of climate change.

This should signal alarm bells across the globe. Climate change exists, and of course the oil companies knew and know about it. It is the greatest danger any of us will face in our lifetimes.

Moreover, when juxtaposed with Barrett’s testimony, that she could not comment on climate change even to acknowledge it exists, it does not bode well for the environment. Given the lawsuits against Exxon and other energy giants, it stands to reason that climate change is a major legal issue.

Barrett claimed she is not a scientist, but one does not need to be a scientist to accept climate change as a fact. And, if it is accepted as a fact, then that certainly affects how she would consider a case.

It is entirely possible (likely even) that, if Biden prevails, the Justice Department will pursue these climate change cases, thereby forcing Barrett to rule on this issue.

Hypothetically speaking, assume the previous New York case made it to the Supreme Court, and at the heart of the case was whether an oil company was committing fraud by hiding climate change from investors. If Barrett were to believe climate change does not exist or was unsure it existed, then her view of fraud would be very different. Then she might rule in favor of the oil giant thus allowing them to continue to pollute, destroy the environment, and unleash a further parade of horribles, possibly another COVID-19 type pandemic. 

Again, this is just speculation, but is it not all speculation as to what kinds of cases Barrett will hear? It is a question or probability. She will hear cases about abortion, birth control, searches and seizures, voting rights, climate change, and myriad other issues none of us ever hear about. In all likelihood, she will hear a case on climate change and likely very soon. 

In fact, Minnesota Attorney General Keith Ellison filed a lawsuit on behalf of the citizens of Minnesota against Exxon, Koch Industries, and the American Petroleum Institute, in the Spring of 2020, alleging the fossil fuel industry knew the damage these fossil fuels would cause the environment.

The cases are coming. It is only a matter of time before a case goes before the Supreme Court. 

Climate change affects everyone on the planet, and it is a problem that everyone will need to work together to solve. We can do our part such as reducing our carbon footprint and also by planting trees. But we also need to be able to count on a nominee to the Supreme Court to accept this established science because, if she does not, what hope do any of us ever have that climate change will ever get under control?

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